Parking Fines 'Can Be Challenged'

Unfair fines from private car parks can be challenged in court, according to a new legal ruling.

It has been obtained by Citizens Advice Scotland, who have been campaigning on the issue since last year. They discovered many drivers have been charged huge amounts of money for very short overstays, then threatened by debt collection firms using aggressive tactics. 25,000 people have contacted the organisation online about what they believe to be excessive penalties.

Car park owners can no longer fine a driver if signs explaining terms and conditions aren't clear, and charges aren't broken down and justified.

CAS Head of Policy Susan McPhee said: "In recent years we have seen a huge increase in the numbers of Scots seeking advice after being charged unfairly by private car parks. It is one of the most common consumer issues that we see. Last year we launched a major campaign to highlight the issues and to urge people to fight unfair charges. However the problem was that the legal situation has ways been unclear in Scotland, because it has never been defined. So that's why we commissioned a formal legal opinion. 
 
"Now for the first time ever in Scotland, we have that legal opinion. And it states clearly that people can challenge private parking fees on two specific grounds: the size of the charge and whether the charges were adequately displayed in the car park. This is an important milestone in the campaign for fairer parking charges in Scotland. Legally, consumers now have a clear guide to how they can get redress for unfair treatment, and car parking firms know exactly what they are required to do in managing their business fairly and legally."